The Roya HT-EL on Debt Repayment by Third Parties

Abstract

This study examines the implementation of HT-El Roya as it pertains to the debt repayment of debtors using funds from third parties. This study is an empirical investigation. Purposive sampling was used to determine the sample size, and Technic data was gathered through interviews and analyzed using qualitative methods. According to government regulation No. 5 of 2020 concerning Electronic Dependent Rights Services, the application for HT-El companies conducted after the debtor pays off the debt to creditors can only be submitted through a BPN partner account that belongs to the creditor. With the debtor's obligation satisfied, the application for a dependent right must be submitted immediately in accordance with the most recent land registration principles. To keep the data at the Land Office up-to-date and in accordance with current circumstances, current land registration principles are required. This is intended to prevent future disputes. Roya liability may also be established for a portion of the collateralized debt, which is known as partial Roya. According to the provisions of Article 18 paragraph 1 of the Agrarian Regulation Number 5 of 2020, creditors are required to immediately register the removal of dependent rights upon payment of the receivables. Immediately in the article does not guarantee when the creditor will submit an application for Roya to the Land Office, despite the fact that the debtor has repaid the debt. In this instance, Roya HT-El depends on the creditor's willingness to submit a request for Roya to the Land Office. If funds from Third Parties are used in the repayment process and the old Creditor Party has not submitted a Roya request to the Land Office, the legal position of the new creditor will be affected. The authority to submit requests for HT-El Roya supposedly extends beyond creditors. Given that third parties can facilitate the credit repayment process, which in this context is known as credit takeover or subrogation.